When your medical license is in jeopardy, you need to call a medical board attorney to help avoid conviction and ensure that you retain your medical license. One’s professional license, especially in the medical field, is very important. Not only is it the basis for the practice of one’s profession, it is also the source of one’s livelihood and income.
Professional license misconduct
Depending on the type of license, misconduct is usually handled by the Office of Professional Medical Conduct (Department of Health), the Office of Professional Discipline (Department of Education), and/or the New York State Attorney General’s Office and the Attorney General’s Medicaid Fraud Control Unit.
Issues regarding the suspension or revocation of a doctor’s medical license are handled by the Office of Professional Medical Conduct (OPMC) under the Department of Health. New York Education Law § 6530 lists and defines the different forms of professional misconduct for doctors and physicians, such as but not limited to:
- Obtaining the license fraudulently;
- Practicing the profession:
- Fraudulently or beyond its authorized scope;
- With negligence or gross negligence;
- With incompetence or gross incompetence;
- While impaired by alcohol, drugs, physical disability, or mental disability;
- Being a habitual abuser of alcohol, narcotics, and other drugs;
- With a psychiatric condition which impairs the licensee’s ability to practice;
- Being convicted of a crime or improper professional practice or professional misconduct;
- Permitting or helping an unlicensed person to perform activities requiring a license;
- Practicing the profession with a suspended or inactive license;
- Receiving kickbacks for patient referrals;
- Illegal fee splitting;
- Moral unfitness to practice medicine;
- Making false statements or reports or failing to file a report required by law or by the department of health or the education department;
- HIPAA violation;
- Performing professional services unauthorized by patient;
- Unethical advertising;
- Failing to respond within thirty days to written communications from the department of health and to make available any relevant records with respect to an inquiry or complaint about the licensee’s professional misconduct;
- Patient abuse;
- Failing to maintain an accurate evaluation record and treatment recommendation for each patient;
- Failing to exercise appropriate supervision over persons who are authorized to practice only under the supervision of the licensee; and
- Ordering of excessive tests, treatment, or use of treatment facilities not warranted by the condition of the patient.
When you are the subject of an investigation by the OPMC, remember that you have the right to remain silent. You must comply with all document requests, but you are under no obligation to speak and talk to OPMC investigators about the case. It is important to engage the services of a medical board attorney from the onset so you are able to come up with a strong legal defense that you can consistently raise from the very start.
Criminal convictions have an effect on your medical license, even if it is totally unrelated to your professional conduct, such as driving while intoxicated or driving while ability impaired. Sometimes, the Attorney General can also investigate you for criminal charges related to professional misconduct, such as healthcare fraud and private insurance fraud. In these cases, it is important to hire a medical board attorney who can represent you to avoid conviction, even if it is just to work out a plea deal. Re-pleading to a lesser offense or to a non-criminal offense can be a primary factor in the OPMC’s consideration of your case in the suspension or revocation of your medical license.
Reapplying for a medical license
If your medical license has already been suspended or revoked, a medical board attorney can help you prepare a compelling argument to re-apply and get back your license. This compelling argument includes showing and proving remorse, rehabilitation, and reeducation. Skilled legal representation can help you choose your words carefully to ensure that the panel can see that you have taken responsibility for your actions, you are remorseful, you have engaged in rehabilitation activities to address the event that caused you to lose your license, and that you have kept abreast with continuing education despite your license suspension or revocation.
Your license is important for your career, your livelihood, and source of income. Losing your license can be humiliating and embarrassing. However, you can avoid the revocation or suspension of your license by immediately engaging the services of a medical board attorney who can help you prepare a strong legal defense from the start. If you have medical licensing issues, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 718-509-9774 or send us an email at email@example.com.